The latest news and information regarding St. Louis car accidents. Car accident attorney Christopher Hoffmann provides useful tips on what to do if you are involved a Missouri auto accident and how you can work to prevent such accidents from happening.

12/19/2014

When Traffic Comes to a Sudden Stop

In most rear-end collisions, the driver of the car that crashes into the car in front of them is considered to be at fault.

The liability is seldom contested, as most of the time, the rear driver has been found to be following the car ahead too closely or was distracted and failed to notice the sudden slowing down or stopping of the car in front and caused a collision. A car coming at a high speed colliding with a stopped car in front can set off a chain reaction in which three, four, or even more cars can be affected, causing extensive damage and injuries.

Was the Collision Unavoidable?

The most common defense used by a driver who has caused a rear-end collision is that the car ahead stopped suddenly and thus the collision was unavoidable. This can be countered by referring to traffic safety regulations that state that drivers are supposed to maintain a sufficient gap between vehicles at all speeds so that a collision can be avoided in case the vehicle in front stops suddenly.

The "Sudden Stop" Defense

Insurance companies use the "sudden stop" defense to their benefit by invoking multiple liability clauses. This can be unfavourable for your case if you have sustained injuries in a rear-end collision and are expecting compensation for your medical expenses. If, for example, your medical expenses after a rear-end collision are $20,000 and the insurance company levies the clause of multiple liability, stating that the cause of the accident can be attributed to your actions to an extent of 20%; this means that your compensation amount will be reduced by 20% and you receive only 80% of your claimed amount. Such a scenario leads to a prolonged legal battle wherein you will have to take to court the insurance company of the driver at fault so that a jury can decide the percentage of liability.

Comments

You can follow this conversation by subscribing to the comment feed for this post.

That's true that it can be tricky if you rear ended someone in your car. Generally, you are at fault in those incidents. It might be best to get a lawyer if you want more from your insurance. The insurance company doesn't want to have to give out more money than they have to, after all.